The Ministry of Human Resources and Emiratisation confirmed that domestic worker recruitment offices are obligated to fulfill or pay the obligations (wages) stipulated by contract or law to the domestic worker during the consideration of any complaint or labor dispute between them, adding that the Federal Decree-Law on the Regulation of Labor Relations (Labor Law) granted them two weeks to settle the labor dispute amicably between the two parties to the dispute, after which they are obligated to refer the complaint to the competent court of first instance, in the event of failure to settle it, with the preparation of a legal memorandum accompanied by the referral decision, including a summary of the dispute, the arguments of the two parties, and the Ministry’s recommendation.
The Ministry of Human Resources and Emiratisation stated that it deals with labor disputes between employers and domestic workers, according to a number of legal mechanisms and procedures, in the event that the two parties fail to settle the dispute or conflict amicably directly and without any interference, explaining that if it receives the subject of the dispute, it takes what it deems appropriate for an amicable settlement, taking into account the interests of the parties to the contractual relationship.
The ministry stated, in response to questions recently received via its official website, that if an amicable settlement between the two parties to the dispute (the employer and the domestic worker) is not possible, it will refer the dispute to the competent court of first instance, accompanied by an official memorandum, including a summary of the dispute and the arguments of the two parties, with a recommendation from the ministry in this regard, stressing that it is also competent to consider and study complaints and labor disputes between employers and domestic worker recruitment offices, through seven gradual or successive legal mechanisms or procedures.
She pointed out that the seven procedures begin with taking what it deems appropriate for an amicable settlement between the two parties, in accordance with the provisions of the law, the executive regulations, and the decisions issued by the Ministry. They also include the Ministry adjudicating the dispute submitted to it whenever the value of the claim subject to the dispute does not exceed AED 50,000, or whenever the dispute is regarding the failure of either party to abide by the amicable settlement decision previously issued on the subject by the Ministry, regardless of the value of the claim.
The Ministry’s procedures for dealing with domestic worker disputes also include issuing decisions with the “force of an executive instrument” to resolve the dispute in accordance with its powers, provided that the decision is stamped with the executive formula in accordance with the usual procedures, with the right of any party to the dispute to file a lawsuit before the competent court of first instance to consider the subject of the dispute and stop the implementation of the Ministry’s decision, within 15 working days from the date of notification or announcement of the decision, provided that the court sets a session to consider the lawsuit within three working days from the date of filing the lawsuit, and the two parties to the dispute are notified of it, to be decided “by a final judgment” within 30 working days from the date of filing the lawsuit with it. According to the procedures, the Ministry has the right, if it discovers any violation, when considering complaints and disputes, to take measures to control the violation and impose the legal penalty on its perpetrator, in accordance with mechanisms issued by a decision of the Minister of Human Resources and Emiratisation. The Ministry also has the right, while considering the complaint or dispute, to oblige the domestic worker office or the employer (as the case may be) to fulfill any obligations stipulated by law or the employment contract, whether towards the domestic worker or the employer.
Finally, if the Ministry is unable to reach an amicable settlement between the two parties to the labor dispute, the Ministry shall refer the complaint to the competent court of first instance within two weeks from the date of its consideration, and shall prepare a legal memorandum accompanied by the referral decision, including a summary of the dispute, the arguments of the two parties, and the Ministry’s recommendation.
• Domestic worker recruitment offices are obligated to fulfill their obligations to the domestic worker during the consideration of any complaint or labor dispute between them.
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